Brooks v. Brooks

Northern District of California, cand-4:2015-cv-02192

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 09/14/2015. (dmrlc1S, COURT STAFF) (Additional attachment(s) added on 9/15/2015: # {{1}} Certificate/Proof of Service) (Additional attachment(s) added on 9/16/2015: # {{2}} Amended Certificate/Proof of Service)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 CHARLES ANTHONY BROOKS, 9 Case No. 15-cv-02192-DMR Plaintiff, 10 v. ORDER OF DISMISSAL WITHOUT 11 PREJUDICE FOR FAILURE TO CHARLES EDWARDS BROOKS, PROSECUTE 12 Northern District of California Defendant. United States District Court 13 14 On July 22, 2015, the court granted Plaintiff Charles Anthony Brooks's application to 15 proceed in forma pauperis ("IFP") and dismissed Plaintiff's complaint with leave to amend. 16 [Docket No. 9.] The court ordered Plaintiff to file an amended complaint by no later than August 17 12, 2015. The Clerk served the court's July 22, 2015 order on Plaintiff at the address he provided 18 to the Court when he filed his complaint. [Docket No. 9-1.] Plaintiff did not file an amended 19 complaint. 20 The court received a letter from Plaintiff on August 14, 2015 in which he represented that 21 he was arrested on July 6, 2015 and had been incarcerated since that date. [Docket No. 10.] Since 22 it appeared that Plaintiff had not received the court's July 22, 2015 order, the court issued an order 23 on August 24, 2015 ordering Plaintiff to file an amended complaint by September 8, 2015. 24 [Docket No. 12.] The Clerk served the August 24, 2015 order, along with the original July 22, 25 2015 order, on Plaintiff at his updated address. [Docket 12-1.] The court noted that Plaintiff's 26 failure to file an amended complaint by September 8, 2015 may result in dismissal of this action. 27 On September 4, 2015, the court's August 24, 2015 order was returned to the court as 28 undeliverable, and Plaintiff failed to file an amended complaint by the September 8, 2015 1 deadline. Accordingly, this matter is hereby dismissed without prejudice for failure to prosecute. 2 ISTRIC TES D TC 3 IT IS SO ORDERED. TA O S U ED 4 Dated: September 14, 2015 RT E D ORDER UNIT ______________________________________ S O 5 IT I S Donna M. Ryu R NIA 6 United States Magistrate Judge. Ryu onna M NO Judge D 7 FO RT LI 8 ER H A N C F 9 D IS T IC T O R 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2